[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1166
LRB9101732MWgc
1 AN ACT to amend the Counties Code by changing Section
2 3-9008 and by adding Section 3-9008.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 3-9008 and by adding Section 3-9008.1 as follows:
7 (55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
8 Sec. 3-9008. Appointment of attorney to perform duties.
9 Whenever the State's attorney is sick or absent, or unable to
10 attend, or is interested in any cause or proceeding, civil or
11 criminal, which it is or may be his duty to prosecute or
12 defend, the court in which said cause or proceeding is
13 pending may appoint some competent attorney to prosecute or
14 defend such cause or proceeding, and the attorney so
15 appointed shall have the same power and authority in relation
16 to such cause or proceeding as the State's attorney would
17 have had if present and attending to the same, and in case of
18 a vacancy of more than one year occurring in any county in
19 the office of State's attorney, by death, resignation or
20 otherwise, and it becomes necessary for the transaction of
21 the public business, that some competent attorney act as
22 State's attorney in and for such county during the period
23 between the time of the occurrence of such vacancy and the
24 election and qualification of a State's attorney, as provided
25 by law, the vacancy shall be filled upon the written request
26 of a majority of the circuit judges of the circuit in which
27 is located the county where such vacancy exists, by
28 appointment as provided in The Election Code of some
29 competent attorney to perform and discharge all the duties of
30 a State's attorney in the said county, such appointment and
31 all authority thereunder to cease upon the election and
-2- LRB9101732MWgc
1 qualification of a State's attorney, as provided by law. Any
2 attorney appointed for any reason under this Section shall
3 possess all the powers and discharge all the duties of a
4 regularly elected State's attorney under the laws of the
5 State to the extent necessary to fulfill the purpose of such
6 appointment, and shall be paid by the county he serves not to
7 exceed in any one period of 12 months, for the reasonable
8 amount of time actually expended in carrying out the purpose
9 of such appointment, the same compensation as provided by law
10 for the State's attorney of the county, apportioned, in the
11 case of lesser amounts of compensation, as to the time of
12 service reasonably and actually expended.
13 (Source: P.A. 86-962.)
14 (55 ILCS 5/3-9008.1 new)
15 Sec. 3-9008.1. Vacancy in the office of State's
16 Attorney. Whenever the State's Attorney is unable to fulfill
17 the responsibilities of the office because of illness,
18 resignation, or any other reason, a majority of the circuit
19 judges in the circuit in which the State's Attorney is
20 elected may declare that a vacancy in the office of State's
21 Attorney exists. Upon a declaration of a vacancy, an
22 individual designated by the elected State's Attorney to fill
23 the vacancy shall automatically assume the office of State's
24 Attorney by filing the document designating that individual
25 in the office of the circuit clerk of the county, and shall
26 be compensated in the same manner as the elected State's
27 Attorney. If no designee has been named by the State's
28 Attorney, the vacancy shall be filled, upon the written
29 request of a majority of the circuit judges of the circuit of
30 the county in which the vacancy exists, by the appointment as
31 provided in the Election Code of some competent attorney to
32 perform and discharge all the duties of the State's Attorney.
33 The appointment and all the authority under the appointment
-3- LRB9101732MWgc
1 ceases upon the election and qualification of a State's
2 Attorney. If more than 28 months remain in the term of the
3 State's Attorney at the time the vacancy is declared, the
4 designated or appointed person shall serve until the next
5 general election, at which time a State's Attorney shall be
6 elected for the balance of the unexpired term. If, at any
7 time after a vacancy in the office of State's Attorney has
8 been declared, the elected State's Attorney is able to resume
9 the duties of the office, a majority of the circuit judges of
10 the circuit shall declare that the vacancy no longer exists
11 and the elected State's Attorney shall continue to perform
12 his or her statutory duties for the remainder of his or her
13 term.